Appeal from an order of the Civil Court of the City of New York, Queens County (Anne Katz, J.), entered November 2, 2007. The order denied a motion by tenant Linda Simpson seeking, in effect, to vacate a warrant of eviction.

Order affirmed without costs.

In this nonpayment proceeding, a "so-ordered" stipulation of settlement was entered into on August 16, 2007, wherein tenant Linda Simpson acknowledged that she owed arrears in the sum of $12,291.16 and consented, inter alia, to the entry of a possessory judgment for said sum and to the issuance of a warrant, execution of which was to be stayed until September 20, 2007 for payment. A final judgment was entered on the day of the stipulation, awarding landlord possession and the sum of $12,291.16, and a warrant was subsequently issued. By order to show cause dated October 26, 2007, Simpson moved, in effect, to vacate the warrant, asserting that the August 16, 2007 "decision" gave her "possession of [the] apartment." The court denied the motion, finding that Simpson owed landlord $15,024.98 and failed to show an ability to pay.

Since Simpson failed to raise any argument in the motion papers which would justify the [*2]granting of her motion, the Civil Court did not improvidently exercise its discretion in denying the motion. Accordingly, the order is affirmed.

Weston Patterson, J.P., Golia and Steinhardt, JJ., concur.
Decision Date: November 21, 2008